Ord 617 N.S. Prohibiting the Unauthorized Removal, Possession, or Alteration of Shopping Carts and Providing Penalties for Violations 06 10 25

ORDINANCE NO. 617 N.S. 
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF TOLLESON, 
ARIZONA, PROHIBITING THE UNAUTHORIZED REMOVAL, POSSESSION, OR 
ALTERATION OF SHOPPING CARTS; PROVIDING PENALTIES FOR VIOLATIONS; 
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR 
SEVERABILITY. 
 
WHEREAS, the City of Tolleson, Arizona (the "City"), desires to regulate the unauthorized 
removal and possession of shopping carts to maintain clean and orderly public spaces; and 
 
WHEREAS, abandoned and misused shopping carts create safety hazards, obstruct 
pedestrian and vehicular traffic, and contribute to urban blight; and 
 
WHEREAS, it is in the best interests of the City to prohibit the unauthorized removal, 
possession, or tampering with shopping carts while establishing procedures for retrieval and 
enforcement. 
 
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY 
OF TOLLESON, ARIZONA, as follows:  
 
Section 1. 
Prohibitions. 
 
A. 
A person shall not do any of the following with the intent to temporarily or 
permanently deprive the owner or retailer of possession of a shopping cart: 
 
1. 
Remove a shopping cart from the premises or parking area of a retail 
establishment. 
 
2. 
Be in possession of any shopping cart that has been removed from the premises 
or parking area of a retail establishment. 
 
3. 
Be in possession of any shopping cart with the serial numbers removed, 
obliterated or altered. 
 
4. 
Leave or abandon a shopping cart at a location other than the premises or parking 
area of the retail establishment. 
 
5. 
Alter, convert or tamper with a shopping cart, remove any part or portion of a 
shopping cart or remove, obliterate or alter serial numbers, the name of the 
owner, or any restrictive device on a shopping cart. 
 
6. 
Be in possession of any shopping cart while that shopping cart is not located on 
the premises or parking area of a retail establishment.

CITY OF TOLLESON ORDINANCE NO. 617 N.S. 
JUNE 10, 2025 
PAGE 2 
 
 
 
B. 
Subsection A applies if a shopping cart has a sign permanently affixed to it that 
identifies the owner of the cart or retailer, or both, notifies the public of the procedure to be 
used for authorized removal of the cart from the premises, notifies the public that the 
unauthorized removal of the cart from the premises or parking area of the retail establishment 
or the unauthorized possession of the cart is a violation of law and lists a valid telephone number 
and address for returning the cart removed from the premises or parking area to the owner or 
retailer. 
 
C. 
This section does not apply to the owner of a shopping cart or to a retailer or a 
retailer’s agents or employees or to a customer of a retail establishment who has written consent 
from the owner of a shopping cart or a retailer to be in possession of the shopping cart or to 
remove the shopping cart from the premises or the parking area of the retail establishment or to 
do any of the acts specified in subsection A. 
 
D. 
In any civil proceeding, any shopping cart that has a sign affixed to it pursuant to 
this section establishes a rebuttable presumption affecting the burden of producing evidence 
that the property is that of the person or business named in the sign and not abandoned by the 
person or business named in the sign.  In any criminal proceeding, it may be inferred that any 
shopping cart that has a sign affixed to it pursuant to this section is the property of the person or 
business named on the sign and has not been abandoned by the person or business named on 
the sign. 
 
Section 2. 
Providing for Penalties. 
 
A. 
Violations of any provision of this article are a class 1 misdemeanor subject to the 
penalties prescribed in § 1-1-8 of this code. 
 
Section 3. 
Providing for Severability. 
 
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance or any 
part of the Code adopted herein by reference is, for any reason, held to be invalid or 
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not 
affect the validity of the remaining portions thereof. 
 
Section 4. 
Effective Date. 
 
This ordinance shall become effective 30 days after its adoption by the City Council and 
publication as required by law. 
 
[SIGNATURES ON FOLLOWING PAGE]

CITY OF TOLLESON ORDINANCE NO. 617 N.S. 
JUNE 10, 2025 
PAGE 3 
 
 
 
PASSED AND ADOPTED by the Mayor and Council of the City of Tolleson, Arizona this 
10th day of June, 2025. 
 
 
____________________________________ 
Juan F. Rodriguez, Mayor 
 
 
                                                   ATTEST: ____________________________________ 
 
Crystal Zamora, City Clerk 
 
 
       APPROVED AS TO FORM: ____________________________________ 
 
Justin Pierce, City Attorney